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MATTER OF DIEGO F. MAGNO V.

2010-11205.

84 A.D.3d 1373 (2011)

924 N.Y.S.2d 278

In the Matter of DIEGO F. MAGNO V., Respondent. FANNY BALSECA et al., Respondents. BOARD OF EDUCATION OF THE HICKSVILLE UNION FREE SCHOOL DISTRICT, Intervenor-Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 31, 2011.

Ordered that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, the petition is denied, and the proceeding is dismissed.

The Family Court improvidently exercised its discretion in granting the petition for guardianship. The record fails to show that the subject child's best interests would be served by granting the guardianship (compare Matter of Alamgir A.,

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